What Happens If You Refuse a Breath or Blood Test in California?

Refusing a chemical test after a DUI arrest in California triggers two separate systems of punishment:

  1. A DMV Administrative Per Se (APS) license suspension, and
  2. Enhanced penalties in the criminal court case.

These two cases move on separate and parallel tracks. Winning one does not automatically resolve the other and they do not intersect with each other.

If an officer arrests you for DUI and you refuse a required chemical test, California law imposes mandatory consequences—even if you are never convicted of DUI.

Note: this applies to the chemical test that is requested AFTER the arrest. This does not apply to the handheld breathalyzer on the side of the road (aka the P.A.S. machine). You are lawfully allowed to decline to blow into the PAS machine before an arrest so long as you are not on probation.

These laws were codified in 2019 in Senate Bill 1046

The Law Behind Chemical Test Refusals

California’s “implied consent” law is found in:

Vehicle Code § 23612

Implied consent to chemical testing

Vehicle Code § 13353

Administrative suspension for refusal

Under VC § 23612(a), anyone who lawfully drives in California is deemed to have consented to a chemical test (breath or blood) after a lawful DUI arrest. By getting our license in the first place, we acknowledge and consent to giving breath/blood if we’re arrested on suspicion of a DUI.

If you refuse, the officer:

  • Seizes your license
  • Issues a temporary license (usually valid 30 days)
  • Notifies the DMV

From there, the APS process begins.

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Part 1: DMV APS Consequences for Refusal

The DMV proceeding is administrative. It is not handled in criminal court.

The controlling statute is:

For a first DUI refusal, the DMV must impose:

  • 1-year driver’s license suspension
  • No restricted license available
  • No eligibility for a “work” or “school” restriction
  • No IID-restricted license during that year

This is mandatory under VC § 13353(a)(1). There is no middle ground and they don’t make exceptions–it is explicitly required under the Vehicle Code.

Important:

A refusal suspension is separate from any suspension based on blood alcohol level under VC § 13353.2. Even if your blood results come up with .00%-- the suspension is still required by the DMV if they find a refusal occurred.

You have 10 days from arrest to request a DMV hearing. If you do not request it, the 1-year suspension automatically goes into effect after 30 days.

IID Consequences in Refusal Cases

California’s ignition interlock device (IID) rules are governed primarily by:

If you are convicted of DUI with a refusal allegation, the court must order:

  • Installation of an IID
  • For a period determined by offense level
  • As a condition of reinstating driving privileges

However:

During the initial 1-year DMV refusal suspension under VC § 13353, you are not eligible for an IID-restricted license.

In other words:

  • The refusal triggers a hard 1-year suspension
  • Only after that period (or upon reinstatement eligibility) can IID provisions apply

Part 2: Criminal Court Penalties for Refusal

If you are convicted of DUI and the prosecutor proves a refusal, the penalties increase under:

For a first DUI with refusal, the court must impose:

  • A mandatory 48-hour minimum jail sentence (not necessarily in jail)
  • Additional DUI penalties under:

    Vehicle Code § 23536 (standard first DUI penalties)

Standard first-offense DUI penalties include:

  • Up to 6 months in county jail
  • Fines and assessments
  • DUI program
  • Probation
  • IID requirements under VC § 23575

The refusal enhancement adds mandatory jail time beyond what might otherwise be negotiable.

Can A Refusal Allegation Be Challenged?

Yes—but it is very fact specific and often requires close analysis of the body-worn-camera footage.

The DMV and the court must prove:

  1. Lawful arrest
  2. Proper advisement under VC § 23612 (aka: “implied consent”)
  3. Actual refusal

Issues that sometimes arise:

  • Officer failed to properly advise consequences
  • Language barrier
  • Medical condition preventing completion
  • Ambiguous conduct mischaracterized as refusal

A “refusal” is not always as clear as the police report makes it sound. Refusal cases are higher-risk than standard DUI cases. They require early attention—especially within the first 10 days after arrest to preserve the DMV hearing rights.

Next Step

If you’ve been arrested for DUI and the officer claims you refused a chemical test—and you want to understand the DMV exposure, criminal enhancements, and whether the refusal can be challenged—you can send me your information here:

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